(A) Language. The following rules of construction govern the language of this article:
(1) The singular number includes the plural and the plural the singular;
(2) The present tense includes the past and future tenses, and the future tense the present;
(3) The word “shall” is mandatory, and the word “may” is permissive;
(4) The masculine gender includes the feminine and neuter genders;
(5) Whenever a word or term defined in this article appears in the text of this article, its meaning shall be as stated in the article definition;
(6) Words or terms that are not defined in this article shall have the meaning found in the most recent edition of Webster's Unabridged Dictionary;
(7) Words or terms not defined in Webster's Unabridged Dictionary shall have their ordinary, usual meaning at the time the word or term is applied to a zoning or development question or situation;
(8) General words are construed to be restricted in their meaning by preceding particular words;
(9) The terms “article” and “code” may be used interchangeably hereunder.
(B) Application.
(1) In their interpretation and application, the provisions of this article shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals and general welfare. The city may impose additional requirements where deemed necessary to protect the public interest and ensure compliance with the standards and purposes of this article and the goals and policies of the comprehensive plan.
(2) In addition to the requirements of this article, all land uses and development shall comply with all other applicable city, county, state and federal regulations. If a provision of this article conflicts with any other provision of this article, the Columbia Heights City Code, or any other provision of law, the provision that is more restrictive, or which imposes a higher standard or requirement, shall prevail.
(C) Separability. Provisions of this article are separable in accordance with the following:
(1) If any court of competent jurisdiction finds any provision of this article to be invalid, that judgment shall not affect any other provisions of this article not specifically included in the judgment.
(2) If any court of competent jurisdiction finds the application of any provision of this article to a particular property, building, or other structure to be invalid, that judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment.
(D) Interpretation. The following rules govern the interpretation of this article:
(1) City Council intention.
(a) 1. The object of all construction of this article is to ascertain and effectuate the intention of the City Council. This article shall be construed if possible to give effect to all the provisions of this article.
2. When the words of this article in their application to an existing situation are clear and free from all ambiguity, the letter of this article shall not be disregarded under the pretext of pursuing the spirit.
(b) When the words of this article are not explicit, the intentions of the City Council may be ascertained by considering, among other matters:
1. The occasion and necessity for the ordinance or specific provision;
2. The circumstances under which it was enacted;
3. The mischief to be remedied;
4. The object to be attained;
5. The former zoning ordinance;
6. The consequences of a particular interpretation;
7. Administrative interpretation of this article and interpretations by the Board of Appeals and Adjustments.
(c) In ascertaining the intention of the City Council, the following presumptions apply:
1. The City Council does not intend a result that is absurd, impossible of execution, or unreasonable;
2. The City Council intends this article to be effective and certain in its entirety;
3. The City Council does not intend to violate the Constitutions of the United States or the State of Minnesota;
4. The City Council intends to favor the public interest as against any private interest.
(2) Grammatical errors. Grammatical errors shall not destroy the application of this article. A transposition of words and clauses may be resorted to when a sentence is without meaning as it stands. Words and phrases which may be necessary to the proper interpretation of this article and which do not conflict with its obvious purpose and intent, nor in any way affect its scope in operation, may be added in the construction thereof.
(3) Language.
(a) Provisions shall be construed to limit rather than to extend the operation of the clause to which they refer. Exceptions expressed in this article shall be construed to exclude all others.
(b) When a general provision of this article conflicts with a special provision in this article, the two shall be constructed if possible so that effect shall be given to both. If the conflict between the two provisions is irreconcilable, the special provision shall prevail and shall be construed as an exception to the general provision. If the general provision was enacted subsequent to the special provision and it is the clear intention of the City Council that such general provision shall prevail, then the general provision shall prevail.
(c) When several clauses are irreconcilable, the clause last in order of date of position shall prevail.
(d) When the provisions of two or more amendments to this article passed at different dates are irreconcilable, the amendment latest in date of final enactment shall prevail.
(4) Amendments.
(a) When a section or part of this article is amended, the amendment shall be construed as merging into the original ordinance, becoming a part thereof, and replacing the part amended. The remainder of the original ordinance and the amendment shall be read together and viewed as one ordinance passed at one time. The portions of this article that were not altered by the amendment shall be construed as effective from the date of the first enactment, and the new provision shall be construed as effective only from the date when the amendment became effective.
(b) When this article adopts the provisions of state statute by reference, it also adopts by reference any subsequent amendments of that statute except when the intent of the City Council is clearly to the contrary.
(c) If two or more amendments to the same provision of this article are enacted at the same or at different times, one amendment overlooking and making no reference to the other or others, the amendments shall be construed together if possible and effect be given to each. If the amendments are irreconcilable, the amendment latest in date of final enactment shall prevail.
(5) Diagrams. Diagrams, where provided, are intended to be illustrative only and may not be drawn to scale. Where a conflict exists between a diagram and the text, the text shall prevail.
(Ord. 1428, passed 5-29-01)